DOJ Gives California 48 Hours Over Possible Noncitizen Ballots

California election officials are facing mounting pressure from Washington as the Trump administration intensifies its efforts to ensure only eligible American citizens participate in next month’s midterm elections.

With millions of mail-in ballots already being distributed across the Golden State, federal authorities are raising new questions about whether individuals who are legally prohibited from voting could have received ballots.

The concerns have placed California’s election system under the microscope just weeks before voters head to the polls, setting up another potential confrontation between state officials and the federal government.

The Department of Justice has given California officials 48 hours to investigate a list of suspected noncitizen voters or face possible emergency legal action.

Acting Deputy Attorney General R. Trent McCotter issued the ultimatum Tuesday in letters addressed to California Secretary of State Shirley Weber and Los Angeles County Registrar-Recorder Dean Logan.

Federal officials provided Los Angeles County with a password-protected thumb drive containing the names of individuals the government believes are likely noncitizens who were sent mail-in ballots for the November 3 election.

The Justice Department is demanding that election officials review those names and determine whether the individuals are American citizens.

For anyone whose citizenship cannot be independently verified, federal authorities want their ballots separated from other votes until their eligibility is established.

Officials were also instructed to withhold ballots from individuals on the list who have not yet received them until their citizenship can be confirmed. McCotter made clear that Washington is prepared to escalate the dispute if California refuses to cooperate.

“Allowing noncitizens to vote cancels citizen votes,” McCotter wrote.

The acting deputy attorney general warned that the federal government “will have no choice but to seek emergency relief” if state officials fail to follow the instructions.

Justice Department spokeswoman Kiersten Pels confirmed the administration’s position, saying federal authorities would pursue necessary legal measures to enforce election laws.

“The department will take all necessary legal action to protect election integrity and ensure compliance with federal law,” Pels wrote.

The confrontation comes as President Donald Trump’s administration continues pushing states to identify potentially ineligible voters and strengthen safeguards surrounding federal elections.

Under federal law, noncitizens are prohibited from voting in elections for president and Congress. California automatically mails ballots to registered voters, making the accuracy of its voter rolls a central issue in the dispute.

The administration previously raised concerns about California’s registration records, with Homeland Security Secretary Markwayne Mullin reportedly suggesting in July that more than 190,000 potential noncitizens could be listed on the state’s voter rolls.

California officials questioned that figure and requested additional evidence supporting the federal government’s findings. Election experts have also warned that federal databases can mistakenly identify naturalized American citizens as noncitizens, potentially putting eligible voters at risk.

Studies have generally found noncitizen voting to be rare, and the latest federal list has not been publicly verified. The dispute could also encounter legal obstacles because federal law restricts systematic voter-roll removals within 90 days of an election.

With Election Day approaching, California officials must now decide how to respond to Washington’s demands while navigating competing concerns over election security and voter eligibility.